Resident sues town of Palm Beach over house rejection

Wednesday

Oct 18, 2017 at 12:01 AMOct 18, 2017 at 3:41 PM

Businessman Don Burns is suing the town after it rejected his plans to build a contemporary-style home in the North End.

In the suit, filed Friday in U.S. District Court in West Palm Beach, Burns asks the court to declare unconstitutional the town’s Architectural Code on grounds it is arbitrary and irrational, and infringes on his right to expression under the First Amendment.

RELATED: Palm Beach nixes design for modern oceanfront house

Don Burns

Three years ago, Burns began laying plans to build a house to replace his traditional home at 1021 N. Ocean Blvd., where he has lived for 18 years. His neighbors, however, have worked to block those plans, fearing the six-bedroom he envisioned was too large for its narrow oceanfront lot and would be an eyesore with its boxy architecture and "monolithic" appearance.

The Architectural Commission demanded major changes to the design, including reducing the length by 25 feet, shrinking the windows and positioning the house farther from the beach.

>> Architectural Commission sends house back to drawing boards

Then, in September 2016, it voted 5-2 to reject the plans altogether, saying the house would have been "excessively dissimilar" to nearby homes and out of character with the neighborhood. Burns’ lot is much narrower than the estates on either side. None of the neighbors has modern-style homes.

No variances were needed for the proposed home, the lawsuit says. Plans called for landscaping along the north and south property lines, where none exists today. Unlike the existing house, the new home would have met the 15-foot setback requirement. The new house would have been lower in height.

"Burns amended the proposed home’s plan several times, in an attempt to conform to the Architectural Commission’s vague and subjective standards expressed at each public meeting," the lawsuit says.

Burns is being represented by the Holland & Knight law firm in Jacksonville.

Town Attorney John Randolph could not be immediately reached to comment on the lawsuit.